Examples of Garland Road Settlement Agreement in a sentence
None of the distributions made by MLC under this Garland Road Settlement Agreement constitute, nor shall they be construed as, forfeitures, fines, or penalties (or payments in lieu thereof), and nothing herein is intended, or shall be construed, as an admission by MLC or MLC of any facts or any violation of law.
This Garland Road Settlement Agreement shall be effective after the close of the public comment period in accordance with Paragraph 25, approval by the Bankruptcy Court pursuant to Paragraph 26, and upon the Effective Date of the Debtor’s Plan incorporating this Garland Road Settlement Agreement.
Notwithstanding the foregoing, MLC agrees to comply with all terms of this Garland Road Settlement Agreement upon the Effective Date.
This Garland Road Settlement Agreement applies to, is binding upon, and shall inure to the benefit of the parties hereto, their legal successors and assigns, officers, directors, and employees in their respective capacities as such, and any trustee, examiner, or receiver appointed in the Bankruptcy Cases.
The Debtors shall incorporate this Garland Road Settlement Agreement into the Plan by reference and approval of this Garland Road Settlement Agreement shall be a condition precedent to confirmation of the Plan.
The covenants not to sue contained in this Garland Road Settlement Agreement extend only to Debtors and the persons described in Paragraph 16 above and do not extend to any other person or entity.
Nothing in this Garland Road Settlement Agreement is intended as a covenant not to sue any person or entity other than the Debtors, the United States, Ohio, and the persons or entities described in Paragraph 16.
If the United States withdraws or withholds its consent to the Garland Road Settlement Agreement prior to the Effective Date, this Garland Road Settlement Agreement shall be void and have no further force and effect.
Except as provided in paragraph 16, nothing in this Garland Road Settlement Agreement diminishes the rights of the Governments, pursuant to Section 113(f)(2) and (3) of CERCLA, 42 U.S.C. § 9613(f)(2)-(3), or State environmental statutes, to pursue any persons or entities not a party hereto to obtain additional response costs or response actions and to enter into settlements that give rise to contribution protection pursuant to Section 113(f)(2), or State environmental statutes.
Except as otherwise provided in this Garland Road Settlement Agreement, written notice as specified herein shall constitute complete satisfaction of any written notice requirement in the Settlement Agreement with respect to the United States, Ohio, and MLC, REALM, and ENCORE, respectively.